Revolutionary War Pension and Bounty Land Warrant Application File R. 3,333, John Ellsworth, New York

SERVICE
NUMBER
New York
Ellsworth, John
R. 3,333
CONTENTS

John Ellsworth
10,000.
[Faint, mirrored bleed-through text from the reverse side of the page]

State of Illinois } County of McLean } ss:
On this fifth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared before the Circuit Court of McLean County aforesaid the same being a Court of Record with power to fine and imprison, John Ellsworth a resident of McLean County State of Illinois, aged seventy two years, who being first duly sworn according to law, doth, on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832.
That he enlisted in the army of the United States in the month of February in the year 1776 with Captain Allen, and served in the fourth New York Regiment of the Continental line under the following named officers: Colonel Wisnerworth - Lieut. Col. Gancevoort - Major not recollected - Captain Allen - 1 st Lieut. Clark - the others not recollected - Said Regiment attached to Genl. Philip Schuyler's brigade - He left the service in the year 1779 - that he resided in the City of New-

Mark in the State of New York when he entered the Service - he was engaged in the battles of Blandington, and at Moses' Kill near Ft. Edward on Hudson's River and had to retreat from there to Saratoga and was pres- ent at Burgoyne's surrender on the 17 th October 1777 - he marched from Saratoga to Albany, and from there to West Point and from thence to Tappan in Jersey, and thence to Valley Forge - was then marched back to Fishkill where he was discharged - he has no document of any kind to show it, or his services - he had a discharge given by the Col. of his regi- ment but he has lost it. He hereby relinquishes every claim whatever to a pen- sion or an annuity, except the present, and he declares that his name is not on the pension roll of any agency in any state. I John his  mark Ellsworth Swain to and subscribed the day and year aforesaid John Hayblebble
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states
J John Hay Clerk of the Circuit Court of Holland

County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Ellsworth for a pension
In testimony whereof I have hereunto set my hand and seal of office this fifth day of September 1832. John Haynes
We Stephen Whittred and Baltzer Hall do certify on oath that we have known the above named John Ells- worth for about twelve years in the County of Hol- ton that we believe him to be of the age of 72 years - that he is a man of veracity and respect ability and that the general impression of the neighborhood in which he resides are that he was engaged in the revolutionary war.
Stephen his X Whittred Mark Baltzer Hall
Sworn to and subscribed in open Court this 5 th of Sept. 1832
John Haynes
3 3 3

10.661 John Lee Ellsworth Illinois
Look on NY York roll Ent 7 May 1873 13-71d 1779 Deserco - 1 Aug 79 - d to 4 Regt - 4 May 80 ch
Sidney Breece Agent Kaskaskia Randolph County Ill.

BRIEF in the case of  John Ellsworth  County of Blair  in the State of Illinois  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.      Rev. In 1776 enlisted and left the service in 1779  As a  Gen. Col Allen Col Wise and Col Gansworth - in the 1st NY Regiment     no time of service specifically given
 5. In what battles was he engaged? battle of Bennington and at Mon's hill  6. Where did he reside when he entered the service? does not state 
 7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary 
 8. Are the papers defective as to form or authentication? and if so, in what respect? the papers are defective as to period of service - and time - the witnesses are not competent by the court to be admitted 
* Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

S.W.
Rev. War Section
July 9, 1917
Mrs. Kate B. Rogers, 7180 Sunset Boulevard, Hollywood, California.
Madam:
In response to your letter of the twenty-fourth ultimo, you are advised that in his pension application ( R. File 3333, Rev. War ), executed September 5, 1832, John Ellsworth , who was a resident of McLean County, Illinois, aged seventy-two years, alleged that while living in New York City, he enlisted in February, 1776, and served under Captain Allen and Colonel Weissenfels, in the Fourth New York Regiment; that he was in the battles at Moses Kill and Bennington, and at the surrender of Burgoyne, and that he left the service in 1779.
His claim was rejected, as the rolls showed that he deserted and although he afterwards joined the regiment, he did not render six months service, as required by the Act of June 7, 1832, under which he applied for pension.
There is no data as to his family on file.
Very respectfully,
E. C. Nieman
ACTING Commissioner.
1832 72 60

Los Angeles Chapter
✓ Re: sec Mr
7180 Sunset Blvd. Hollywood, Cal. 6-24-17
Commissioner of Pensions Washington, D. C.
Dear Sir:
I am desirous of obtaining the war service of John Ellsworth who was a soldier in the Revolutionary War and received a pension late in life when a resident of Illinois.
It is said that he was a deserter but I wish his war record in spite of that.
Respectfully
Mrs. Kate B. Rogers Gen. Los Angeles Chap. D. A. R.

1917, July 9. History to Mrs. Kate B. Rogers.
REJECTED
3333
P. O. _____
John Ollsworth
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____
Printed list of rejected claims gives cause as "Desertion"
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18

base of John Ellsworth
Rejected
9. April 1833
see letter. —
3 3 3 3

Copy —
John Ellsworth
9. April 1833.
Recd. vol. 23 rd
Page 28,

War Department
Pension Office
9 th April 1833.
Sir
The case of John Ellsworth has been examined. The rolls of the 4 th Regt. of the New York troops, furnish the following statement of John Ellsworth, which is the only John Ellsworth on said roll, belonging to the 4 th Regiment. That he entered the service in 1776, and deserted  at did not leave and afterwards joined the regt.  the regt.  at  August 1779 entered again at May 1783 which would then a Pension under the  left them 6 months before the termination  of the Revolutionary war. act of June 7. 1832.
This claim is therefore rejected and the papers are retained on the files of this office. I am Sir.
Your ob dt . Serv t : J. Edwards
Sidney Greene Esq. Washington Randolph Co Illinois

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Fellworth which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? no V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no  yes as to other
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
except 1, 2, 3, 6
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Free
Palatine Sept 25
Hon. Lewis Cap Secretary of War
Washington 65
Sept 25
10.00
Ill.

Nebraska Sept. 6 th 1832
To the Honble Lewis Cass. Secretary of War
Sir - I have the honor to enclose to you the application of John Elkworth for a pension. May I ask that his case may be attended to, as soon as possible.
With great regard
Yr. ob. &c
Sidney Breese